Exterro's E-Discovery & Privacy Breakdown // Mike Hamilton

The world of E-Discovery & Privacy is constantly changing – let us break it down for you with a weekly dose of News, Resources, Case Law, and Humor, all written in a concise and easy to understand format.

Social Media Posts: The New E-Discovery Battleground

Created on July 2, 2020


Director of Marketing at Exterro

Qandah v. St. Charles County (E.D. Mo. April 2, 2020) proves that E-Discovery professionals have been saying it for years: social media will be the new battleground for proving your case. This case gives us a glimpse into the painstaking ordeal it may take sides to agree on what and when relevant social media data is produced. Overview:In this case, involving misconduct of a correctional officer against a prisoner, the plaintiff alleges that the defendant deleted relevant Facebook posts and moved for spoliation sanctions.To prove that the defendant intentionally let another... Read More

Friday Funnies: Exterro's Meme Series - Comfy Edition

Created on June 11, 2020


Director of Marketing at Exterro

And here's to pajamas: The most worn-to-work item of 2020. Who says e-discovery isn't funny? If you're looking for an additional laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and feel free to share the fun with friends and colleagues. Remember, E-Discovery is always better when you have a sense of humor. Cheers! Read More

No Proof of Spoliation, No Sanctions in Cat Photo Case

Created on June 10, 2020


Director of Marketing at Exterro

Brittney Gobble Photography, LLC v. Sinclair Broadcast Group, Inc. (D. Md. April 9, 2020) proves that, to warrant any spoliation sanction, there must be proof that what was purported to be lost/deleted was just that: lost/deleted. Mere speculation is not enough for courts to issue sanctions. Overview:In this contract dispute around the use of cat photos, the plaintiff filed a motion for spoliation sanctions against the defendant for deleting emails that plaintiff believed were “crucial to the parties’ claims and defenses.”The plaintiff argued that the defendant “willfully” destroyed emails showcasing the... Read More

Gartner's COVID-19 Report: Focus on These 7 Cybersecurity Risk Areas

Created on June 4, 2020


Director of Marketing at Exterro

The COVID-19 pandemic has flipped the global economy on its head: extended business disruptions have created uncertainty in both economic and health terms. During pandemics, organizations are focused on employee health and business continuity. Those who play a leading role in security and risk management at their organizations—including Legal Departments—must take steps to ensure the security of their organization’s operations as cybersecurity threats become increasingly complex. Gartner’s latest report, “Be Resilient: Prepare to Treat Cyber Risk Following the Coronavirus (COVID-19) Outbreak by Focusing on These 7 Areas,” analysts provide privacy leaders with... Read More

Appeals Court Affirms “Broad Discretion” Given to Courts to Issue E-Discovery Sanctions

Created on May 28, 2020


Director of Marketing at Exterro

EPAC Technologies v. HarperCollins Christian Publishing, Inc. (6th Circuit April 15, 2020) shows that, even with new FRCP Rule 37(e) clarifying the standards for spoliation sanctions, the court is still given “broad discretion” to issue e-discovery sanctions outside the confinements of 37(e), making it more important than ever to ensure defensible preservation practices are followed. Overview: What seemed to be a “simple contract dispute,” now “has cost both parties millions of dollars in attorneys’ fees and years of litigation.” The defendant appealed a verdict for the plaintiff based on numerous allegations... Read More

Why Urgency is Needed When Filing a Spoliation Sanctions Motion

Created on May 13, 2020


Director of Marketing at Exterro

Nevis v. Rideout Memorial Hospital, et al (E.D. Cal. Feb. 6, 2020) shows that parties seeking discovery should act with due diligence or they could lose the opportunity to obtain remedies for an opposing party’s non-compliance. Overview:In January 2017, a preservation letter was sent from the plaintiff to the defendant asking for all data related to the accident to be preserved, which specifically included the plaintiff’s mobile phone. Subsequently one defendant requested the data from the plaintiff’s phone from the month of the accident. In September 2018, the defendant produced responses... Read More

When Does the Work Product Doctrine Kick In?

Created on April 29, 2020


Director of Marketing at Exterro

Noah’s Wholesale, LLC v. Covington Specialty Ins. (S.D. Fla. May 13, 2020) shows that in cases involving e-discovery issues, the moving party is usually arguing that their opponent did not preserve relevant data when litigation was reasonably foreseeable. In this case, the opposite was true: The moving party wanted information that was protected by the work product doctrine to be ruled not privileged, arguing that litigation wasn’t reasonably foreseeable and thus the work product would not apply. Overview: In this insurance claim dispute, the two sides disagreed on when litigation was... Read More